The Commission establishes sentencing policies and practices for the federal courts. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community.

In this section, you can follow the Commission’s work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted.

The U.S. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. Commissioners are appointed by the President and confirmed by the Senate. The Attorney General, or the Attorney General’s designee, and the Chair of the U.S. Parole Commission serve as ex officio, nonvoting members of the Commission.

In this section, learn about the Commission’s mission, structure, and ongoing work.

Notice from March 23, 2006

NOTICE OF PUBLIC MEETING OF THE UNITED STATES SENTENCING COMMISSION

Thursday, March 23, 2006
Public Meeting
5:30 p.m.

Pursuant to Rule 3.5 of the Rules of Practice and Procedure of the United States Sentencing Commission, a public meeting of the Commission is scheduled for Thursday, March 23, 2006, at 5:30 p.m. The meeting will be held at the Thurgood Marshall Federal Judiciary Building, One Columbus Circle, N.E., in Suite 2-500 (South Lobby) as detailed in the following agenda:

Report of the Chair
Report of the Staff Director
Vote to Promulgate Emergency Amendment on Steroids Offenses
Adjourn

Updated information on Commission activities can be obtained on our website (http://www.ussc.gov/meeting.htm) or from the Commission’s public affairs office (202/502-4590).

Minutes of the March 23, 2006
United States Sentencing Commission
Public Meeting

Chair Hinojosa called the telephone conference meeting to order at 6:25 PM in the Commissioners’ Conference Room.

There was no report from the Chair or the Staff Director. The Chair called on Ms. Barron to advise the Commission on the vote to promulgate an emergency amendment relating to steroids.

Ms. Barron stated that the proposed amendment implements the directive in the United States Parole Commission Extension and Sentencing Commission Authority Act of 2005, Pub. L. 109–76, which requires the Commission, under emergency amendment authority, to implement section 3 of the Anabolic Steroid Control Act of 2004, Pub. L. 108–358 (the "ASC Act"). The ASC Act directs the Commission to "review the Federal sentencing guidelines with respect to offenses involving anabolic steroids" and "consider amending the. . .guidelines to provide for increased penalties with respect to offenses involving anabolic steroids in a manner that reflects the seriousness of such offenses and the need to deter anabolic steroid trafficking and use. . . ." The Commission must promulgate an amendment not later than 180 days after the date of enactment of the United States Parole Commission Extension and Sentencing Commission Authority Act of 2005, which creates a promulgation deadline of March 27, 2006.

Ms. Barron explained that the proposed amendment implements the directives by increasing the penalties for offenses involving anabolic steroids. It does this by changing the manner in which anabolic steroids are treated under §2D1.1 (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy). Currently, one unit of an anabolic steroid "means a 10 cc vial of an injectable steroid or fifty tablets." The proposed amendment eliminates the sentencing distinction between anabolic steroids and other Schedule III substances when the steroid is in a pill, capsule, tablet, or liquid form. Accordingly, if an anabolic steroid is in a pill, tablet, capsule, or liquid form, the court would sentence as it would in any other case involving a Schedule III substance. For anabolic steroids in other forms (e.g., patch, topical cream, aerosol), the proposed amendment instructs the court that it shall make a reasonable estimate of the quantity of anabolic steroid involved in the offense, and in making such estimate, consider that each 25 mg of anabolic steroid is one "unit".

Ms. Barron noted that the proposed amendment provides new enhancements in §2D1.1(b)(6) and (b)(7). Proposed subsection (b)(6) would provide a two-level enhancement if the offense involved the distribution of an anabolic steroid and a masking agent and provides a definition of "masking agent" in the application notes. Proposed subsection (b)(7) would provide a two-level enhancement if the defendant distributed an anabolic steroid to an athlete and provides a definition of "athlete" in Application Note 25. The proposed amendment also amends Application Note 8 of §2D1.1 to provide that an adjustment under §3B1.3 (Abuse of Position of Trust or Use of Special Skill) ordinarily would apply in the case of a defendant who used his or her position as a coach to influence an athlete to use an anabolic steroid.

The Chair called for a motion to adopt the proposed amendment. Vice Chair Castillo made a motion to adopt the proposed amendment, with Commissioner Howell seconding the motion. Hearing no further discussion, the Chair called for a vote. The emergency amendment was adopted by a unanimous vote with an effective date of March 27, 2006, with authority for the staff to make technical and conforming amendments and with the authority to post the staff report on steroids on the Commission’s website.

The Chair asked if there was any further business before the Commission. Hearing none, the Chair asked if there was a motion to adjourn the meeting. Vice Chair Castillo made a motion to adjourn the meeting, with Vice Chair Sessions seconding the motion. After asking if there was any discussion on the motion and hearing none, the Chair submitted the motion to voice vote. The motion was adopted unanimously, and the meeting was adjourned at 6:30 PM.